Hartley v. Fisher

This is an action for property damage arising out of an accident that involved defendants' tractor and drill and an automobile, the certificate of title to which was registered in the name of plaintiff. The case was tried twice. A jury verdict for defendants was returned on the first trial. A new trial was ordered and the second trial resulted in a verdict for plaintiff. The defendants appeal from the granting of the new trial and the judgment entered on the second trial. The accident occurred at night on a county highway. Defendant Wilma R. Fisher was driving defendants' tractor and towing the drill. The automobile was driven by plaintiff's son, William Hartley, and it rear-ended the drill. Plaintiff contends that defendants were negligent in that the tractor and drill had no lights or reflectors. Defendants' contentions throughout have been that William Hartley was negligent and that his negligence constitutes contributory negligence barring plaintiff's right to recover. There was evidence presented at each trial that both William Hartley and the defendants were negligent.